Study On Tort Liability Of Free-riding Service In China

With the rapid development of Internet technology,various types of car-based services based on network platforms have also been born.In the case of a ride,the owner picks up the passengers to a similar destination,and does not charge the owner and passengers for the platform.The fare collected by the passengers is owned by the owner.As a shared economic product under the network car platform,the ride is not equal to the public network car,and should not fall within the scope of the “network car” regulated by existing laws and regulations.The development of the shuttle service brings a more convenient way of travel to people's lives.At the same time,the problem that is quickly brought about is that the legal concept of the shuttle service is vague,and in the case of infringement cases such as traffic incidents during the judgment operation,the court There are differences in identifying the issue of infringement.The fuzzy definition of the service of the law directly leads to the complicated and difficult to determine the legal relationship between the network car platform,passengers and car owners,the difficulty in determining the rule principle of the tort liability of the infringement case and the responsibility of the network car platform.There are differences.This paper first discusses the basic theory of tort liability based on the particularity of the service,and then combines the case to explain the differences in legal relations and legal provisions under different infringements.Through the analysis of the different meanings of legal relations,confirm the principle of imputation that this article wants to express.Finally,this paper improves the current situation of the shuttle service in the network car platform from both the legal level and the industry norm.The analysis in this article is a progressive analysis method.Starting from the discussion of the concept of a ride,comparing the traditional network car,analyzing the legal particularity of the shuttle itself,and studying the current situation and liability of the tort liability It is found that its current legal norms cannot meet the needs of practice.In view of this,the author tried to put forward relevant suggestions to improve the shuttle service system.